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Fundamental rights and employment relationship, in light of a judgment of the Court of Justice of the European Union concerning religious freedom in the workplace
(Pontificia Universidad Catolica de Chile, 2024-09-01)
The purpose of this article is to discuss the scope of the horizontal effectiveness of fundamental rights or Drittwirkung in legal-labor relations. It places special emphasis on the necessary delimitation of these rights, according to the main characteristics of the employment relationship: steering power and the principle of labor good faith, applying this to the analysis of the exercise of the right to religious freedom. This article analyzes, particularly, a recent ruling by the Court of Justice of the European Union on “non-discrimination” for religious reasons inside the company.

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